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(영문) 의정부지방법원 2016.04.22 2015고단1784
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 29, 2013, the Defendant is running a business in the way of recovering a low interest rate loan to a customer who needs to be exchanged while operating a loan corporation, and the credit rating of the customer is increased due to the increase in the credit rating of the customer. The Defendant is using the loan in the form of a common bond and paying 0.15% interest per day on the loan of money.

“In making a proposal to the effect that “a loan of KRW 100 million was commenced with the victim by borrowing from the victim on the same day the amount of money to be refunded to him/her.”

On June 12, 2013, the defendant extended money to the victim D for the purpose of returning money to the party, and paid interest on a daily basis.

“The purpose of “ was to make a false statement.”

However, even if the defendant borrowed money from the damaged party, most of the defendant thought to use it for the repayment of the defendant's existing obligation, and there was no intention or ability to use it for the money for the money for exchange as agreed upon.

On June 12, 2013, the Defendant received from the injured party a total of KRW 369,270,000,000 from the national bank account (Account Number E) in the name of the Defendant and received the remittance of KRW 30 million in the name of the borrowed money, as shown in the list of crimes in the attached crime.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

1. Statement by a defendant in part of the court (a statement to the effect that each money has been received);

1. The legal statement of the witness D (a statement to the effect that the defendant would not lend money if he/she heard from the defendant or did not permit the witness to do so with respect to the use of the money received from the witness as personal debt repayment or business fund);

1. Part of the prosecution's interrogation protocol against the defendant (as at the time, the defendant's obligations to financial institutions are approximately KRW 20 million, and about KRW 500 million, etc.

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